The hearing consists of two stages:
- The hearing on guilt involves determining whether the representative is guilty of the offences mentioned in the complaint. The complainant, usually the syndic, has the burden of proof. The length of the hearing on guilt depends on the scope and complexity of the case.
- If the Disciplinary Committee thinks the representative is guilty, there will be a hearing to hear representations concerning the sanctions to be imposed. If the representative pleads guilty, the two hearings may take place at the same time.
How are sanctions determined?
To ensure that sanctions are fair and appropriate, committee members take into account various objective and subjective factors, in particular: the seriousness of the offence, the harm done to consumers, the damage to the integrity and dignity of the profession, the advisor’s experience and disciplinary history, and the risk of re-offending.
When the Disciplinary Committee concludes that a professional has committed an offence, it must impose one of the following sanctions:
- A reprimand
- A temporary or permanent removal from the roll
- A fine ranging from $2,000 to $50,000 for each charge
- The obligation to remit a sum of money belonging to clients
The committee may also recommend training.
Purposes of the disciplinary sanction
The disciplinary sanction has four main purposes:
- Protect the public
- Correct the misconduct
- Set an example for other members of the profession
- Rehabilitate the professional
Disciplinary Committee decisions
All decisions rendered by the Disciplinary Committee since 2000 are available online.